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Canada Copyright Board: Challenges & Opportunities #copycon2015 panel by Giulia Forsythe (CC BY 2.0) https://flic.kr/p/z73WDe

Prioritizing the Public Interest: My Submission on Copyright Board of Canada Reform

The government’s consultation on reform to the Copyright Board of Canada recently closed with a plan for reform expected to be unveiled in the coming months. My submission to the consultation is posted below. It focuses on two areas. First, it emphasizes the overriding goal of any public institution or administrative tribunal: serving the public interest. In doing so, it points to three issues: public participation, the independence of members of the Copyright Board, and regulation and transparency of copyright collectives.

On this last issue, I note the close linkage between the parties that appear or are affected by board decisions and reform of the board itself. While the consultation document maintains that governance of collecting societies is beyond the scope of the consultation, I argue that solely addressing administrative powers wielded by the board without also assessing the rules pertaining to participation before the board will not adequately address concerns regarding the function of the board itself. In other words, the who and the how are inextricably linked and must be addressed concurrently.

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October 16, 2017 3 comments News
Canada Declaration by Tony Webster (CC BY 2.0) https://flic.kr/p/svUaQY

Border and Airport Privacy: My Appearance Before the Standing Committee on Access to Information, Privacy and Ethics

The Standing Committee on Access to Information, Privacy and Ethics has been conducting a much-needed study on the privacy issues arising from the border and airports. The study has attracted considerable media attention, with the Privacy Commissioner of Canada warning about U.S. border phone searches and the CBSA promising to begin tracking cellphone searches.  I appeared before the committee late last month alongside the Canadian Bar Association and privacy expert Kris Klein. The full transcript can be found here.

My opening remarks are posted below. I focused on four issues to consider in trying to address airport and border privacy concerns: Privacy Act reform, information sharing within government, the applicability of Charter rights at the border, and the role of the NAFTA negotiations.

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October 12, 2017 4 comments News
GST/HST Return, CRA, https://www.canada.ca/content/dam/cra-arc/migration/cra-arc/E/pbg/gf/gst59/gst59-17e.pdf

Think There Should be a Netflix Tax?: Why There is Nothing Stopping Canadian Subscribers From Paying Today

The ongoing furor over Netflix taxes remains one of oddest and most poorly understood public policy debates in recent memory. Part of the problem is that a “Netflix tax” has long been used to mean different things to different people. When first raised by the Conservative government, the issue had nothing to do with sales tax. Rather, a “Netflix tax” was a reference to a mandated contribution to help fund Canadian content, a position supported by various cultural groups and some provincial governments. The no-Netflix tax position took hold, however, and all three major parties adopted the position that they would not mandate contributions from online service providers such as Netflix.

More recently, the debate has shifted to Netflix tax as a sales tax with the goal of creating a “level playing field.” I tried to debunk the level playing field claims in this post and on Canadaland, but the claims of the need for a level playing field and sales tax continues. Yesterday, the NDP stated:

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October 11, 2017 3 comments News
failcampmtl 2014 - 141 by Eva Blue (CC BY 2.0) https://flic.kr/p/kphFrX

Melanie Joly Can’t Seem to Quit the Idea of an Internet Tax

Canadian Heritage Minister Melanie Joly seemingly put the prospect of an Internet tax to bed when she launched her Creative Canada report last month. Throughout the year-and-a-half consultation, there were persistent rumours that an Internet tax was being considered as a mechanism to help fund Cancon. Yet when the Prime Minister rejected an Internet tax last June minutes after it was proposed by the Standing Committee on Canadian Heritage, the policy initiative promoted by some cultural lobby groups seemed dead. Joly’s comments at her policy launched suggested much the same:

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October 10, 2017 0 comments News
Equifax Key by GotCredit (CC BY 2.0) https://flic.kr/p/TqZ2V2

Into the Breach: How Canada’s Security Breach Disclosure Regulations Fall Short

With security breaches regularly affecting millions (or even billions) of people, effective security breach disclosure rules are an essential part of a modern privacy law framework. It may surprise many to learn that Canada still does not have mandatory security breach disclosure rules that require companies to notify affected individuals in effect. Rules were passed in 2015, but the accompanying regulations were puzzlingly slow to emerge. The government finally released proposed regulations late in the summer with a consultation that closed earlier this week. My submission, which focused on implementation, content of notices, and proposed “indirect” notification, is posted below.

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October 4, 2017 3 comments News